What is the test for dismissing a motion to dismiss a motion for personal injury?

MultiRegion, United States of America

The following excerpt is from Bozzio v. EMI Grp. Ltd., 811 F.3d 1144 (9th Cir. 2016):

2 These facts are taken from the complaint and its exhibits. See Akhtar v. Mesa, 698 F.3d 1202, 1212 (9th Cir.2012) ("When reviewing a motion to dismiss, we consider only allegations contained in the pleadings, exhibits attached to the complaint, and matters properly subject to judicial notice. " (quoting Swartz v. KPMG LLP, 476 F.3d 756, 763 (9th Cir.2007) (per curiam))).

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